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Can a parent file for an order of protection against someone whom parent feels is a threat to child?
Anonymous6 views3 answers
My children's father has a DVI on his ex-girlfriend. He has allowed her to visit his home while injunction is still active. He expressed to the courts his fear of this girl and how mentally unstable she is. This girl has hit his car with her car while their mutual daughter was in his car. She has done so many scary things without thinking about the welfare of their mutual daughter. I am concerned because the ex-girlfriend has a bipolar manic depressive disorder. When she does not take her medication she attacks or throws things. I do not want the children in that environment. So my question is would a judge grant an order of protection for our children from his ex-girlfriend if I request it? Or do I have to wait for her to do something to the children?
John GillespieCriminal Defense AttorneyKissimmee, FL ·
You can ask for one, but unless you can prove an imminent threat to your children it is unlikely an injunction would be granted. I think the best way to address the problem is to take it to the judge who has jurisdiction over your custody case. If you know the girlfriend is violating the restraining order, call the police when you know she is there. And there is always DCF.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
I agree with Mr. Gillespie, it is possible to petition to the court for an injunction for protection on behalf of a minor child, but you must prove there is an imminent threat. This must be proven by evidence. You may want to consult a family law attorney who handles injunctions.
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